Kohanim – Page 3 – RabbiKaganoff.com

Can We Offer the Korban Pesach without the Beis HaMikdash?

In the year 5017 (1257), several hundred Baalei Tosafos, led by Rav Yechiel of Paris, headed for Eretz Yisroel. A younger contemporary, Rav Ashtori HaParchi, the author of Kaftor VaFerech, records a fascinating story (Vol. 1, page 101 in the 5757 edition). The Kaftor VaFerech had gone to Yerushalayim to have his sefer reviewed by a talmid chacham named Rav Baruch. Rav Baruch told the Kaftor VaFerech that Rav Yechiel had planned to offer korbanos upon arriving in Yerushalayim. Kaftor VaFerech records that at the time he was preoccupied readying his sefer for publication and did not think about the halachic issues involved, but after the pressures of his publishing deadline passed, he realized that there were practical halachic problems with Rav Yechiel’s plan, as we will discuss shortly.

It seems that Rav Yechiel’s plan to offer korbanos failed, presumably because Yerushalayim was under Crusader rule at the time. His community of Baalei Tosafos settled in Acco, as we know from a report of the Ramban about ten years later. (The Ramban reports that he spent Rosh HaShanah that year with the community of the Baalei Tosafos in Acco and delivered to them a drasha that was recorded for posterity. This is quoted in Kisvei HaRamban, Vol. 1 pg. 211.)

Let us fast forward to the early nineteenth century. Rav Tzvi Hersh Kalisher, the rav of Thorn, Germany, who had studied as a youth in the yeshivos headed by Rabbi Akiva Eiger and the Nesivos HaMishpat (Rav Yaakov of Lisa), published a sefer advocating bringing korbanos in the location where the Beis HaMikdash once stood in Yerushalayim. Rav Kalisher considered it not only permissible to offer korbanos before the Beis HaMikdash is rebuilt, but even obligatory.

As one can well imagine, his sefer created a huge furor. Rav Kalisher corresponded extensively with his own rabbonim, Rabbi Akiva Eiger and the Nesivos, and other well-known luminaries of his era including the Chasam Sofer and the Aruch LaNer. All of them opposed Rav Kalisher’s opinion, although not necessarily for the same reasons.

We can categorize the opposition to Rav Kalisher’s proposal under three headings:

There was almost universal disagreement with his opinion that there is a requirement to offer korbanos before the reconstruction of the Beis HaMikdash.
Some rabbonim, notably Rav Yaakov Ettlinger, the author of the Aruch LaNer, prohibited offering korbanos before the reconstruction of the Beis HaMikdash even if we could resolve all the other halachic issues involved (Shu”t Binyan Tzion #1). However, it should be noted that this question did not bother either Rav Yechiel of Paris or Rav Ashtori HaParchi. Furthermore, Rabbi Akiva Eiger asked his son-in-law, the Chasam Sofer, to request permission from the ruler of Yerushalayim to allow the offering of korbanos. Presumably, Rabbi Akiva Eiger felt that his son-in-law, who had a close connection to the Austro-Hungarian royal family, might be able to use their influence to gain access to the Ottoman Empire who ruled over Yerushalayim at the time. The Chasam Sofer responded with great respect to his father-in-law, but pointed out that the Beis HaMikdash area is unfortunately covered by a mosque that is sacred to its Moslem rulers who will not permit any non-Moslem to enter (Shu’t Chasam Sofer, Yoreh Deah #236). Thus, we see that both Rabbi Akiva Eiger and the Chasam Sofer agreed with Rav Kalisher that we are permitted to bring korbanos before the reconstruction of the Beis HaMikdash.
Numerous halachic hurdles need to be overcome in order to offer korbanos. The discussion of these issues constitutes the lion’s share of the debate.

Rav Kalisher responded to the correspondence, eventually producing a sefer “Derishas Tzion” (published many years after the demise of Rabbi Akiva Eiger, the Chasam Sofer, and the Nesivos) and subsequent essays where he presented and clarified his position. At least three full-length books and numerous essays and responsa were published opposing Rav Kalisher’s thesis.

Before quoting this discussion, we need to clarify several points. First, can we indeed offer korbanos without the existence of the Beis HaMikdash?

MAY ONE BRING KORBANOS WITHOUT THE BEIS HAMIKDASH?

The Mishnah (Eduyos 8:6) quotes Rabbi Yehoshua as saying, “I heard that we can offer korbanos even though there is no Beis HaMikdash.” The Gemara (Zevachim 62a) tells us a story that provides us with some background about this statement. “Three prophets returned with the Jews from Bavel (prior to the building of the second Beis HaMikdash), Chaggai, Zecharyah and Malachi, each bringing with him a halachic tradition that would be necessary for the implementation of korbanos. One of them testified about the maximum size of the mizbeiach, one testified about the location of the mizbeiach, and the third testified that we may offer korbanos even when there is no Beis HaMikdash.” Based on these testimonies, the Jews returning to Eretz Yisroel began offering korbanos before the Beis HaMikdash was rebuilt.

Obviously, Rav Kalisher and Rav Ettlinger interpret this Gemara differently. According to Rav Kalisher and those who agreed with him, the prophet testified that we may offer korbanos at any time, even if there is no Beis HaMikdash. Rav Ettlinger, however, understands the Gemara to mean that one may offer korbanos once the construction of the Beis HaMikdash has begun, even though it is still incomplete. But in the view of Rav Ettlinger, after the destruction of the Beis HaMikdash we may not offer korbanos until Eliyahu announces the building of the third Beis HaMikdash.

An earlier posek, Rav Yaakov Emden, clearly agreed with Rav Kalisher in this dispute. Rav Emden, often referred to as “The Yaavetz,” contends that Jews offered korbanos, at least occasionally, even after the second Beis HaMikdash was destroyed, which would be forbidden according to Rav Ettlinger’s position (She’aylas Yaavetz #89). This is based on an anecdote cited by a mishnah (Pesachim 74a) that Rabban Gamliel instructed his slave, Tevi, to roast the Korban Pesach for him. There were two Tanna’im named Rabban Gamliel, a grandfather and a grandson. The earlier Rabban Gamliel, referred to as “Rabban Gamliel the Elder,” lived at the time of the second Beis HaMikdash, whereas his grandson, “Rabban Gamliel of Yavneh,” was the head of the Yeshivah in Yavneh and was renowned after the destruction of the Beis HaMikdash. Thus, if we can determine which Rabban Gamliel is the protagonist of the mishnah’s story, we may be able to determine whether Jews offered korbanos after the Churban. This would verify Rav Kalisher’s opinion.

Rav Emden assumes that the Rabban Gamliel who owned a slave named Tevi was the later one. He thus concludes that Rabban Gamliel of Yavneh offered korbanos after the destruction of the Beis HaMikdash. Although the Yaavetz brings no proof that the Rabban Gamliel in the above-quoted mishnah is Rabban Gamliel of Yavneh, he may have based his assumption on a different Gemara (Bava Kamma 74b), which records a conversation between Rabbi Yehoshua and Rabban Gamliel concerning Tevi. Since Rabbi Yehoshua was a contemporary of Rabban Gamliel of Yavneh, this would imply that the later Rabban Gamliel indeed offered the Korban Pesach after the destruction of the Beis HaMikdash.

However, this does not solve the numerous halachic issues that need to be resolved in order to allow the offering of korbanos. Although Rav Kalisher responded to these issues, the other gedolim considered his replies insufficient.

KORBANOS ON THE MOUNTAIN

The Brisker Rav, Rav Velvel Soloveichek, raised a different objection to Rav Kalisher’s proposal. Basing himself on several pesukim and halachic sources, he contended that the Beis HaMikdash site only has kedusha when it is a high mountain. Since the Romans razed the present site and it is no longer the prominent height it once was, it is not kosher for offering korbanos until the mountain is raised again to its former glory (quoted in Moadim U’Zemanim Volume 5, pg. 222). Thus, according to this approach, one of Moshiach’s jobs will be to raise the mountain to its former height. Presumably, Rav Kalisher felt that although the mountain should and will be raised, korbanos may be offered before that time.

I will now present some of the other questions involved in ascertaining whether we may bring korbanos before the coming of Eliyahu and Moshiach.

MAY A TAMEI PERSON ENTER THE BEIS HAMIKDASH?

Virtually all opinions agree that it is a Torah prohibition to offer korbanos anywhere in the world except for the designated place in the Beis HaMikdash called the mizbeiach. This creates a halachic problem, because it is a severe Torah prohibition to enter the Beis HaMikdash grounds while tamei, and virtually everyone today has become tamei meis through contact with a corpse. (Someone who was ever in the same room or under the same roof as a corpse also becomes tamei meis.) Although other forms of tumah can be removed by immersion in a mikveh at the appropriate time, tumas meis can be removed only by sprinkling ashes of the parah adumah (the red heifer). Since the ashes of the previously prepared paros adumos are lost, we cannot purify ourselves from tumas meis. Thus, we would be prohibited from bringing most korbanos because every kohen is presumed to be tamei meis.

Gedolim have discussed whether a new parah adumah can be prepared before the arrival of the Moshiach, but I am refraining from citing this discussion because of space considerations.

However, although we have no available tahor cohanim, this would not preclude our offering Korban Pesach or certain other public korbanos (korbanos tzibur).

WHY IS KORBAN PESACH DIFFERENT FROM MOST OTHER KORBANOS?

Most korbanos cannot be brought when either the owner of the korban or the kohen offering the korban is tamei. However, the Torah decrees that korbanos that are offered on a specific day must be brought even when every kohen is tamei. Thus, the Korban Pesach, the daily korban tamid, and the special mussaf korbanos that are brought on Shabbos, Yom Tov and Rosh Chodesh may be offered by a kohen who is tamei meis if necessary.

Other korbanos, however, may not be offered by a tamei kohen even if this results in them not being brought at all. Thus, since there is no tahor kohen available today, we would assume that Rav Yechiel only planned to offer one of the above korbanos (Shu”t Chasam Sofer, Yoreh Deah #236).

LOCATION OF THE MIZBEIACH

As mentioned above, the debate over Rav Kalisher’s proposal concerned other halachic issues that must be resolved before we may offer korbanos. The Kaftor VaFerech raised two of these issues over five hundred years before Rav Kalisher. How could Rav Yechiel offer korbanos when we do not know the exact location of the mizbeiach? As the Rambam writes, “The location of the mizbeiach is extremely exact and it may never be moved from its location…. We have an established tradition that the place where David and Shlomoh built the mizbeiach is the same place where Avraham built the mizbeiach and bound Yitzchak. This is the same place where Noach built a mizbeiach when he left the Ark and where Kayin and Hevel built their mizbeiach. It is the same place where Adam offered the first korban, and it is the place where he (Adam) was created.

“The dimensions and shape of the mizbeiach are very exact. The mizbeiach constructed when the Jews returned from the first exile was built according to the dimensions of the mizbeiach that will be built in the future. One may not add or detract from its size,” (Hilchos Beis HaBechirah 2:1-3).

As noted above, prior to building the second Beis HaMikdash, the prophets Chaggai, Zecharyah and Malachi testified regarding three halachos about the mizbeiach that were necessary to reinstitute the korbanos, one of which was the exact location the mizbeiach and. If so, how can we offer korbanos without knowing the location of the mizbeiach?

Rav Kalisher offered an answer to this question, contending that the prophets’ testimonies were necessary only after the destruction of the first Beis HaMikdash, because the Babylonians razed it to its very foundations. However, Rav Kalisher contended that sufficient remnants exist of the second Beis HaMikdash to determine the mizbeiach’s precise location, thus eliminating the need for prophecy or testimony to establish its location.

Rav Kalisher’s correspondents were dissatisfied with this response, maintaining that the calculations based on the Beis HaMikdash remnants could not be sufficiently precise to determine the mizbeiach’s exact location. Thus, they felt that we must await the arrival of Eliyahu HaNavi to ascertain the mizbeiach’s correct place.

YICHUS OF COHANIM

Do we have “real” cohanim today? Only a kohen who can prove the purity of his lineage may serve in the Beis HaMikdash (see Rambam, Hilchos Issurei Biah 20:2). The Gemara calls such cohanim “cohanim meyuchasim.” Cohanim who cannot prove their lineage, but who have such a family tradition, are called “cohanei chazakah,” cohanim because of traditional practice. Although they may observe other mitzvos of cohanim, they may not serve in the Beis HaMikdash.

An early source for the distinction between cohanim who can prove their lineage and those who cannot is the story found in Tanach about the sons of Barzilai the Kohen. When these cohanim came to bring korbanos in the second Beis HaMikdash, Nechemiah rebuffed them because of concerns about their ancestry (Ezra 2:61-63; Nechemiah 7:63-65). The Gemara states that although Nechemiah permitted them to eat terumah and to duchen, he prohibited them from eating korbanos or serving in the Beis HaMikdash (Kesubos 24b). Similarly, today’s cohanim who cannot prove their kehunah status should be unable to serve in the Beis HaMikdash. This would eliminate the possibility of offering korbanos today.

However, Rav Kalisher permits cohanei chazakah to offer korbanos. He contends that only in the generation of Ezra and Nechemiah, when there was a serious problem of intermarriage (see Ezra, Chapter 9), did they restrict service in the Beis HaMikdash to cohanim meyuchasim. However, in subsequent generations, any kohen with a mesorah may serve in the Beis HaMikdash.

Chasam Sofer (Shu”t Yoreh Deah #236) also permits cohanei chazakah to offer korbanos, but for a different reason, contending that although using a kohen meyuchas is preferred, a non-meyuchas kohen may serve in the Beis HaMikdash when no kohen meyuchas is available.

Other poskim dispute this, maintaining that a kohen who is not meyuchas may not serve in the Beis HaMikdash (Kaftor VaFerech).

The question then becomes – If only a kohen who can prove his kehunah may offer korbanos, and there are no surviving cohanim who can prove their kehunah, how will we ever again be able to bring korbanos?

The answer is that Moshiach will use his Ruach HaKodesh to determine who is indeed a kosher kohen that may serve in the Beis HaMikdash (Rambam, Hilchos Melachim 12:3). This approach preempts Rav Kalisher’s proposal completely.

VESTMENTS OF THE KOHEN

Before korbanos are reintroduced, gedolei poskim will have to decide several other matters, including the definitive determination of several materials necessary for the kohen’s vestments.

The Torah describes the garments worn to serve in the Beis HaMikdash as follows: “Aharon and his sons shall put on their belt and their hat, and they (the garments) shall be for them as kehunah as a statute forever,” (Shmos 29:9). The Gemara deduces, “When their clothes are on them, their kehunah is on them. When their clothes are not on them, their kehunah is not on them,” (Zevachim 17b). This means that korbanos are valid only if the kohen offering them wears the appropriate garments.

One of the vestments worn by the cohanim is the avneit, the belt. Although the Torah never describes the avneit worn by the regular kohen, the halachic conclusion is that his avneit includes threads made of techeiles, argaman, and tola’as shani (Gemara Yoma 6a). There is uncertainty about the identification of each of these items. For example, the Rambam and the Ravad dispute the color of argaman (Hilchos Klei HaMikdash 8:13). The identity of techeiles is also unknown. Most poskim conclude that Hashem hid the source of techeiles, a fish known as chilazon, and that it will only be revealed at the time of Moshiach. Thus, even if we rule that our cohanim are kosher for performing the service, they cannot serve without valid garments! (It should be noted that several great poskim, including the Radziner Rebbe, the Maharsham, Rav Herzog and Rav Yechiel Michel Tukochinski, contended that we could research the correct identity of the techeiles. I have written a different article on the subject of identifying the techeiles.)

Rav Kalisher himself contended that the garments of the kohen do not require chilazon as the dye source, only the color of techeiles. In his opinion, chilazon dye is only necessary for tzitzis. (He based this approach on the wording of the Rambam in Hilchos Tzitzis 2:1-2.) Therefore, in Rabbi Kalisher’s opinion, one may dye the threads of the avneit the correct color and perform the service. However, other poskim did not accept this interpretation but require the specific dye source of chilazon blood to dye the vestments (Likutei Halachos, Zevachim Chapter 13 pg. 67a).

Rav Kalisher did not discuss the dispute between the Rambam and the Ravad about the color of the argaman. Apparently, he felt that we could determine the answer and dye the avneit threads appropriately.

ADDITIONAL ISSUES

The poskim raised several other issues concerning Rav Kalisher’s proposal. One problem raised is that Klal Yisroel must purchase all public korbanos from the funds of the machatzis hashekel, which would require arranging the collection of these funds before the publically owned korbanos could be offered. However, this question would not preclude offering Korban Pesach, which is a privately owned korban.

Rav Kalisher’s disputants raised several other questions, more than can be presented here. As we know, the gedolei haposkim rejected Rav Kalisher’s plan to reintroduce korbanos before the rebuilding of the Beis HaMikdash.

However, we have much to learn from Rav Kalisher’s intense desire to offer korbanos. Do we live with a burning desire to see the Beis HaMikdash rebuilt speedily in our days? Even if, chas veshalom, we are still not able to offer Korban Pesach this year, we should still devote Erev Pesach to studying the halachos of that korban. And may we soon merit seeing the cohanim offering all the korbanos in the Beis HaMikdash in purity and sanctity, Amen.

The Mitzvah of “Duchening” – Birchas Kohanim

The Mitzvah of “Duchening” – Birchas Kohanim

In Parshas Naso, the Torah teaches us about the beautiful mitzvah of Birchas Kohanim, wherein the kohanim are commanded to bless the people of Israel. This mitzvah is usually referred to by Ashkenazic Jews as “duchening” and by Sefardic Jews as Birchat Kohanim, or occasionally as Nesiyat Kapayim, which refers to the raising of the hands that the kohanim do in order to recite the blessings.

Why Is This Mitzvah Called Duchening?

Duchen is the Aramaic word for the platform that is in front of the Aron Kodesh. The duchen exists to remind us of the ulam, the antechamber that stood in front of the Kodesh and the Kodshei HaKodoshim, the holy chambers in the Beis HaMikdash. The Kodshei HaKodoshim was entered on only one day of the year, on Yom Kippur, and then only by the Kohen Gadol. The Kodesh was entered a few times daily but only to perform the mitzvos of the Menorah, the Golden Mizbayach (altar), and the Shulchan (the Holy Table that held the Lechem HaPanim). Before entering the Kodesh, one ascended into the Ulam as a sign of respect that one should not immediately enter the Kodesh.

Similarly, in our shuls the Aron Kodesh represents the Kodesh, since we are permitted to open it and to remove the sifrei torah when we need to. But before entering the Kodesh, one ascends the duchen as a sign of respect that one should not immediately each the Aron Kodesh.

The duchen also serves other functions, one of which is that the kohanim stand upon it when they recite the blessings of Birchas Kohanim. For this reason, this mitzvah is called duchening (duchenen in Yiddish). In the absence of a duchen, or if there are more kohanim in the shul than there is room for them on the duchen, the kohanim “duchen” while standing on the floor in the front of the shul.

Basics of Duchening

There is a basic order to the duchening that occurs during the repetition of the shmoneh esray. When the chazan completes the brochah of modim and the congregation answers “amen” to his brocha, someone (either the chazan of a member of congregation, depending on minhag) then calls out “kohanim” to inform the kohanim that it is time for them to begin the brochah. The chazan then reads each word of the Birchas Kohanim that is recorded in the Torah (Bamidbar 6:24-26) for the kohanim to recite, and the kohanim respond. After each of the three brochahs are recited, the congregation responds “amen” to the brochah. Finally, after the last brochah of the birchas kohanim is completed by the kohanim, the chazan returns to the repetition of the shmoneh esray by reciting the brochah of sim shalom.

The Gemara and poskim teach us that at each of these stages, one must be careful not to recite one’s part before the previous step has been completed. Thus,

the person who calls out “kohanim,” must be careful not to do so before the congregation has finished answering “amen” to the chazan’s brochah; the kohanim should be careful not to recite the words of the brochah before the chazan has completed saying the word “kohanim”; the chazan may not call out “yivarechecha” before the congregation has completed saying “amen” to the brochah of the kohanim, etc. It is important to be mindful of these halachos and allow each stage to be completed before beginning the next. Unfortunately, even well-learned people are sometimes not sufficiently careful to wait until it is time for their part to be recited.

Wearing Shoes During Duchening

A kohen may not duchen while wearing shoes. The Gemara tells us that this was one of the nine takkanos that were instituted by Rabbi Yochanan ben Zakai (Sotah 40a). Although there would seem to be an obvious association with the halacha that the kohanim performed the service in the Beis HaMikdash barefoot, the actual reason for this takkanah is more practical. Rabbi Yochanan ben Zakai was concerned that a kohen’s shoelace would tear while he was on the way to the duchen. While stopping to retie his shoelace, the kohen would miss the duchening. However, people who saw that he missed the duchening would rumor that he is not a valid kohen and that is why he did not duchen! For this reason, chazal instituted that every kohen simply removes his shoes before duchening.

Wbat if the Chazan is a Kohen?

The mishnah states that when there is only one kohen in shul, and he is the chazan, then he may (and should) duchen (Berachos 34a). In this instance, the kohen will remove his shoes and wash his hands prior to beginning repetition of the shmoneh esray. There is a dispute among poskim whether a kohen may duchen when he is the chazan and there are other kohanim who will be duchening. Shulchan Aruch rules that he should not duchen under these circumstances, because of a concern that he will become confused where he is up to in the davening and have difficulty resuming his role as chazan (128:20). Chazal instituted this even when we are certain that the chazan will not become confused, such as today when he has a siddur in front of him (Mishneh Berurah 128:72).

However, the Pri Chodosh rules that he may duchen, and that the concern referred to by Shulchan Aruch was only when the chazan might become confused (such as he does not have a siddur to daven from). In most communities in Eretz Yisrael the custom is to follow the Pri Chodosh’s ruling allowing a kohen who is the chazan to duchen. However, in chutz la’aretz the practice is to follow the Shulchan Aruch and the chazan does not duchen (unless he is the only kohen).

In a situation where the chazan is the only kohen and there is a platform (the “duchen”) in front of the aron kodesh, there is a very interesting halacha that results. Since the duchening should take place on the platform, the kohen actually walks up in the middle of the shmoneh esray he is reciting as chazan in order to walk up to the duchen. After completing the duchening, he returns to his place as chazan and completes the repetition of the shmoneh esray.

The Minyan Disappeared

What do you do if you started davening with a minyan, but in the middle of davening some men left leaving you with less than a minyan? Can you still duchen?

If the minyan started the duchening with ten men or more, and then some men left in the middle of the duchening, they should complete the duchening (Biyur Halachah 128:1 s.v. bipachus).

What Happens if a Kohen Who Does Not Want to Duchen?

A kohen who does not want to duchen for some reason should stand outside the shul from before the time that the word “kohanim” is called out, until the duchening is completed.

The Days that We Duchen

The prevalent custom among sefardim and other edot hamizrach is to duchen every day. There are many Ashkenazic poskim who contend that Ashkenazim should also duchen every day. However, the standard practice in chutz la’aretz is that Ashkenazim duchen only on Yomim Tovim. In most of Eretz Yisroel, the prevalent practice is that Ashkenazim duchen every day. However, in Tzfas and much of the Galil the custom is that the kohanim duchen only on shabbos and Yom Tov.

Why do Ashkenazim duchen in Eretz Yisrael every day, and in Chutz La’Aretz only on Yom Tov?

Several reasons are cited to explain this practice. Rema explains that a person can only confer blessing when he is fully happy. Unfortunately, except for the Yomim Tovim, the kohanim are distracted from true happiness by the difficulties involved in obtaining basic daily needs. However, on Yomim Tovim the kohanim are in a mood of celebration. Thus, they forget their difficulties and can bless people with a complete heart (Rema 128:44; cf. Be’er Heiteiv ad loc.). Thus, only on Yom Tov do the kohanim duchen.

In Eretz Yisroel, the practice is to duchen daily because the Ashkenazim there followed the ruling of the Vilna Gaon. He contended that Ashkenazim everywhere should duchen every day.

Why do the kohanim in Tzfas duchen only on Shabbos and Yom Tov?

The reason for this custom is unclear. I was once told in the name of Rav Kaplan, the Rav of Tzfas for many decades, that since Tzfas had many tzoros over the years, including many serious earthquakes and frequent attacks by bandits, that the people living there did not have true simcha. However, they were able to achieve enough simcha on Shabbos to be able to duchen. This reason does not explain why the other communities in the Galil duchen only on Shabbos.

It should be noted that the Sefardim in Tzfas duchen every day, not only on Shabbos.

Taking off Shoes

Chazal instituted that a kohen should remove his shoes before duchening. Unfortunately, some kohanim leave their shoes lying around in the front of the shul when they go up to duchen. This practice is incorrect. The kohanim are required to place their shoes under the benches or in some other inconspicuous place when they go up to duchen. It shows a lack of kovod to leave the shoes lying about (Mishneh Berurah 128:15)

Washing Hands

In some shuls the Kohanim wash their hands in the front of the shul before they go up to duchen. What is the reason for this practice?

This custom has a source in Rishonim and Poskim and should definitely be encouraged Tosafos (Sotah 39a s.v. kol) rules that one should wash one’s hands relatively near to the duchen. In Tosafos’ opinion, washing further from the duchen constitutes an interruption, a hefsek, similar to talking between washing netilas yodayim and making hamotzi on eating bread. (His actual ruling is that one should wash one’s hands within twenty-two amos of the duchen, which is a distance of less than forty feet.) Thus, according to Tosafos, we are required to place a sink within that distance of the duchen where the kohanim stand to duchen. Magen Avrohom rules like this Tosafos. Magen Avrohom adds that, according to Tosafos, since the kohanim wash their hands before retzay, the chazan should recite the brochah of retzay speedily. In his opinion, the time that transpires after the kohen washes his hands should be less time than it takes to walk twenty-two amos (128:9). Thus, retzay must be recited in less time than it takes to walk twenty-two amos. Biyur Halachah adds that the kohanim should not converse between the washing of their hands and the duchening because this also constitutes a hefsek.

Duchening and Dreams

A person who had a dream that requires interpretation, but does know whether the dream bodes well, should recite a prayer at the time of the duchening (Berachos 55b; Shulchan Aruch 130:1). It should be noted that the text of the prayer quoted by the Gemara is different from that quoted in the majority of siddurim. The Gemara cites the following text for this prayer:

“Master of the World, I am yours and my dreams are yours. I dreamed a dream that I do not know what it is- whether it is something I have dreamt about myself or it is something that my friends dreamt about me or whether it is something that I dreamt about them. If these dreams are indeed good, strengthen them like the dreams of Yosef. However, if the dreams need to be healed, heal them like Moshe healed the bitters waters of Marah and as Miriam was healed from her tzaraas and as Chizkiyahu was healed from his illness and as the waters on Yericho were healed by Elisha. Just as you changed the curse of Bilaam to a blessing, so to change all my dreams for goodness.” According to the opinion of the Vilna Gaon, this prayer should be recited at the end of all three blessings rather than reciting the “Yehi Ratzon” that is printed in most siddurim (Mishneh Berurah 130:5).

One should complete the prayer at the moment that the congregation answers Amen to the blessings of Birkas Kohanim. This prayer can be recited not only when one is uncertain of the interpretation of the dream but even when one knows that the dream bodes evil (Mishneh Berurah 130:4).

Among Ashkenazim in chutz la-aretz, where the practice is to duchen only on Yom

Tov, the custom is to recite this prayer every time one hears the duchening since there is a likelihood that since the last Yom Tov one had a dream that requires interpretation (Mishneh Berurah 130:1). This prayer is not recited on Shabbos unless one had a bad dream that night (Mishneh Berurah 130:4). In Eretz Yisrael, where the custom is to duchen daily, the practice among Ashkenazim is to recite the prayer for dreams at the last of the three berachos of the duchening at musaf on Yom Tov. The custom is that the kohanim chant the last word of the brochah on these days of on these days of Yom Tov to allow people sufficient time to recite these prayers.

In all places, the custom among Sefardim is not to recite the prayer unless the person had such a dream.

As a kohen myself, I find duchening to be the most beautiful of mitzvohs. We are indeed so fortunate to have a commandment to bless the our fellow Jews, the children of Our Creator. The nusach of the bracha is also worth noting. “levarach es amo yisrael b’ahava”- to bless His nation Israel with love. The blessings of a kohen must flow from a heart full of love for the Jews that he is privileged to bless.

Should a Kohen Be Afraid of Confederate Ghosts?

When Yaakov Avinu asks his sons not to bury him in Egypt, Rashi notes three reasons for this request:

(1) The earth of Egypt would turn to lice during the Ten Plagues.

(2) To avoid the suffering of rolling to Eretz Yisroel at the time of techiyas hameisim.

(3) To prevent the Egyptians from making him into an idol.

On the other hand, although Yosef and his brothers undoubtedly had the same motives to be buried in Eretz Yisroel, they could not arrange their immediate burials there and were interred in Egypt until the Jews left. This is a classic example of the exhumation and reburial of meisim (human remains).

Our article will discuss a case where meisim were supposed to have been reburied, but apparently were not, creating a number of halachic concerns.

THE HISTORICAL BACKGROUND

In a major metropolis, one section of the city included a large cemetery. About 140 years ago, this cemetery was closed to new burials and later, many of its graves were exhumed. Subsequently, the city constructed residential and commercial areas, city streets, a major park, a zoo, and museums atop the seventy-two acres of the cemetery.

Here is the historical background: In 5603/1843, the city designated a sixty acre area as a cemetery and three years later, a Jewish organization paid $45 to purchase part of this land as its own cemetery. Four years later, in 5610/1850, the city purchased an adjacent area of twelve more acres to expand the cemetery, so that it now encompassed 72 acres.

However, in the late 1850’s, a prominent physician requested that the cemetery be closed because of concern that it was too close to the city’s water supply and that it might spread disease. Until that point, this cemetery was the only authorized one in the city, and included a large “potters’ field,” or area for burying the destitute and the unidentified.

Two years later, an area immediately north of the cemetery was set aside as a park. During this time, the city gradually ceased using the cemetery. However, since the area was near a large prisoner-of-war camp housing captured Confederate soldiers, an estimated 4,000 Confederates who died in custody were interred in the cemetery’s potters’ field. At one time, the cemetery held an estimated 35,000 graves, including the resting place for those who made the ultimate sacrifice for the Confederacy.

In 5626/1866 the cemetery was officially closed, partly due to the physician’s health concerns. By now, the Civil War was over and the surviving Confederate captives had been repatriated. The city officially decided to move the remains buried in this cemetery to other locations. Over the next thirty years there are numerous scattered reports of moving the graves to new locations. Despite attempts to remove graves, a conservative speculation is that the majority of the remains were never removed.

Fast forward to the modern era: In 5722/1962, workers digging a foundation for the zoo’s new barn discovered a skeleton and a casket. They reburied the casket in situ and poured the foundation right on top. During 5758/1998, workers constructing a parking lot in the area discovered 81 skeletons and an iron casket containing a cadaver. There are at least nineteen more reports of human bones found in the disused cemetery’s location.

Thus, the shaylah is whether a Kohen may walk through the streets and businesses of this old-time burial ground.

Steve Katz lives and works in this city and is well aware of the history of this park and its environs. His boss assigns him to attend a business meeting at a hotel that is located in the area that was originally the cemetery. Since Steve is a Kohen, may he attend the meeting? If he cannot, how will he explain this to his gentile employer?

Steve made an appointment to discuss the problem with his Rav, whom he knows will explain to him all the aspects of the shaylah.

WILL THE TUMAH RISE FROM THE GROUND?

Rav Goldberg begins by explaining some of the halachic background. When human remains are buried, under most circumstances the tumah rises directly above and contaminates the area above it. If a building is constructed directly above a grave, tumah may spread throughout that building, although sometimes it may spread only through the bottom floor and possibly only into the room constructed directly above the grave. We will have to leave for another time the discussion as to what factors affect how far tumah will spread through the structure.

If there is no building, tree or overhang over the gravesite, one becomes tamei only if one walks or stands directly above the gravesite.

SAFEK TUMAH BIRSHUS HARABIM

“However, the specific situation that you are asking about may be more lenient,” explains the Rav, “because of a concept called safek tumah birshus harabim, sefeiko tahor, which means, literally, that if there is doubt about whether something in a public area became tamei, the halacha is that it remains tahor (see Nazir 57a). Notwithstanding our usual assumption that safek de’oraysa lechumra, we rule strictly on doubts concerning Torah prohibitions, we rule leniently concerning a doubt of matters of tumah when the question occurred in a “public” area, a term we will define shortly.

There is also an inverse principle that safek tumah birshus hayachid, sefeiko tamei, which means that if there is doubt whether someone or something contracted tumah when they were in a private area, they are considered tamei.

WHAT IS PUBLIC?

For the purposes of these two principles, “public” is defined as an area to which at least three people have ready access, and “private” means a place that is accessible to less than three people. Thus, someone who discovers that he may have become tamei while walking down the street remains tahor. However, if he discovers that he may have become tamei while he was in a private area he is tamei. (All of these laws are derived from pesukim.)

“I know that there is more to explain,” interjects Steve, “but it would appear that one could have a situation in which one may enter a building, but one may not use the bathrooms, have a private office, or have a private interview.”

“It is certainly true,” responded the sage, “that someone entering a public building and discovering that he may have become tamei while there, would remain tahor, whereas if he entered a similar private area, he would be considered tamei. However, there are other factors to consider before we reach a definitive ruling.”

MAY THE KOHEN ENTER?

At this point, Steve raised a sophisticated point:

“I understand that someone who entered this area would afterwards be considered tahor. But may I enter the area knowing that I may be contaminating my kehunah?”

The Rav explained: “You are asking whether a Kohen may lichatchilah rely on the principle of safek tumah birshus harabim, or whether this principle is applied only after the fact. In general, one must be stringent when there is concern that one may be violating a Torah prohibition, and it is prohibited min hatorah for a Kohen to contact tumah from a meis. Thus, one could assume that a Kohen should not enter an area where there is a possibility of tumah. However, many authorities rule leniently when dealing with a safek tumah birshus harabim. They contend that the Torah only prohibited a Kohen from becoming tamei, but not from entering a situation where he will be ruled as tahor (Tosafos, Kesubos 28b s.v. Beis; Shu”t Rashba #83; Binas Odom, Klal 157; Pischei Teshuvah 369:4, quoting Shu”t Chasam Sofer, Yoreh Deah; Minchas Chinuch 263:13 s.v. Vehinei). Thus, a Kohen could enter any publicly available area, including an office or residential building constructed over the city’s defunct cemetery. However, he could not enter an area restricted to less than three people.

“Others contend that since the Torah prohibits a Kohen from being in contact with a meis, he is similarly prohibited, because of safek de’oraysah lechumra, to be in a place where he might be exposed to a meis” (Tzelach, Berachos 19b; Achiezer 3:1:1, 3:65:7; Kovetz Shiurim; Teshuvos VeHanhagos).

STATUS QUO

Steve raised another point:

“In fact, we know that this area was once a cemetery, and we are fairly certain that not all the graves were exhumed. Does this make matters worse?”

“You are raising a very insightful question. Even assuming that a Kohen can rely on the principle of safek tumah bireshus harabim, this principle might not apply here since we know that this area was once a cemetery, and we are fairly certain that some graves remain. Thus we have a chazakah, status quo, that the area was once tamei meis, and we are uncertain whether the tumah was removed. In such a situation, perhaps the principle of safek tumah birshus harabim does not apply, since this rule may apply only where there is no status quo. (In Mikvaos 2:2, this seems to be the subject of a dispute between Tannayim. See also Tosafos, Niddah 2a s.v. Vehillel.)

“Nevertheless, in our particular case, we have some basis to be lenient. Although this entire area was once set aside as a cemetery, it is very unlikely that it became filled wall-to-wall with graves, and also, only the places directly above the graves were tamei. Thus, any place within the cemetery was tamei because of doubt, not because of certainty.

JEWISH VERSUS NON-JEWISH GRAVES

“There is another reason to permit entering the hotel for your meeting. People who researched the area have ascertained the exact location of the original Jewish cemetery, which is now the location of the ball fields of a local park. Thus, although I would advise you and your sons not to play ball on those particular diamonds, we can be more lenient regarding entering the hotel constructed in the area, as I will explain.”

Steve replied: “But how can we be certain that no Jews were ever buried in the non-Jewish cemetery. There definitely were some Jewish soldiers in the Confederate army, and it is likely that some Jews were buried in the non-Jewish cemetery or in the potters’ field.”

His Rav replied: “You are correct that some Jews were probably buried in the non-Jewish parts of the cemetery. Nevertheless, since we do not know this for certain, we may work with the assumption that there are no Jews there.”

“But even a non-Jewish body conveys tumah, so I still have a problem.”

“This depends on whether remains of a gentile convey tumas ohel, that is by being under the same being under the roof, cover, or overhang that is at least three inches (a tefach) wide.

DO THE REMAINS OF A NON-JEW CONVEY TUMAH?

“Although virtually all authorities agree that remains of a non-Jew convey tumah through touching and carrying, the Gemara cites the opinion of Rabbi Shimon that remains of a non-Jew do not convey tumas ohel (Yevamos 61a). The Rishonim dispute whether this position is held universally, and, in addition, whether this is the way we rule. It appears that most Rishonim conclude that a Kohen may enter a room containing the remains of a gentile because they follow Rabbi Shimon’s position. Others contend that we do not follow Rabbi Shimon’s position and that tumah of a gentile does spread through ohel. The Shulchan Aruch considers the question as unresolved and advises a Kohen not to walk over the graves of non-Jews (Yoreh Deah 372:2).”

At this point, Steve commented. “It seems from what you are saying that it is not a good idea for a Kohen to enter buildings in this area, but one may enter if there is a pressing reason” (see Shu”t Avnei Nezer, Yoreh Deah #470).

The Rav responded: “This is the conclusion of many authorities. Some are even more lenient. One famous responsum permits a Kohen to enter a field that he purchased without realizing that it contained an unmarked gentile cemetery. The author permits this by combining two different leniencies, each of which is somewhat questionable. One leniency is that perhaps a gentile does not spread tumah through ohel, and the other leniency is that some early authorities contend that once a Kohen becomes tamei, he is not forbidden from making himself tamei again (Raavad, Hil. Nezirus 5:15, as explained by Mishneh LaMelech, Hil. Aveil 3:1). Although we do not rule like this last opinion, the Avnei Nezer contends that one can combine both of these ideas to permit the Kohen who purchased this field without realizing the problem to utilize his purchase (Shu”t Avnei Nezer, Yoreh Deah #466).”

“This case of the Avnei Nezer sounds like a much more difficult situation in which to rule leniently than mine,” noted Steve. “After all, in his case there was no attempt to clear out the cemetery.”

“You are correct. For this reason, I would certainly not find fault with someone who chose to be lenient and indiscriminately enter the area that was only a gentile cemetery, relying on the ruling that gentile remains do not contaminate through ohel, and on the principle of safek tumah birshus harabim.”

“It still seems that one should avoid the ball fields that are located right over the old Jewish cemetery.”

“I would certainly advise this,” closed the Rabbi.

So Steve does not need to explain to his boss that he cannot attend business meetings at the hotel because of lost Confederate ghosts.

Although there may be little reason to panic over such issues, as we have discussed, one should be aware that it is not infrequent to discover old cemeteries beneath modern cities. Cemeteries, particularly Jewish ones, were always consecrated on sites outside the city limits in order to avoid the obvious problems of tumah affecting kohanim. Unfortunately, when Jews were exiled, the whereabouts of many cemeteries became forgotten, and in addition, as cities expand, they include areas that were originally outside the city’s limits that often include earlier cemeteries. Thus, these problems will continue to prevail. In each case, a posek must be consulted to find out whether, and to what extent, a Kohen need be concerned.

WHY IS IT PROHIBITED FOR A KOHEN TO COME IN CONTACT WITH A MEIS?

It is beyond our understanding to explain why Hashem commanded us to keep each specific mitzvah. However, we can and should attempt to glean a taste of Hashem’s mitzvos in order to appreciate and grow from the experience, including understanding why the Torah bans a Kohen from having contact with a meis under normal circumstances.

Rav Hirsch, in his commentary on Vayikra 21:5, provides a beautiful educational insight into this mitzvah. In most religions, fear of death is a major “selling point” of the religion. Thus, the role of the priest is most important when dealing with the dying and the dead.

However, Torah emphasizes how to live like a Jew — to study Torah, perform the mitzvos, and develop ourselves in Hashem’s image. To emphasize that Hashem provided us with the blueprint for perfect living, the Torah excludes the Kohen, who is the nation’s teacher, from involvement with death. Thus, the Kohen’s role is to imbue us with the knowledge and enthusiasm to truly live!